New EU directive confirms TV drug advertising ban
A new EU directive adopted by the European Parliament has confirmed the prohibition on TV advertisements for prescription drugs, and for the first time also tackles product placement.
A new EU directive adopted by the European Parliament has confirmed the prohibition on TV advertisements for prescription drugs, and for the first time also tackles product placement.
The "TV without frontiers" directive also forbids product sponsoring and placement of prescription drugs in television programmes.
At the second reading MEPs adopted a compromise text they had agreed with member states, bringing the directive, in force since 1989, up to date. Implementation in member states is set for the end of 2009.
The new regulations make provisions for the European audiovisual sector that take into account new media services such as web TV and on-demand services but stand firm on the prohibition on advertising for certain specific products. Apart from cigarettes and other tobacco products, the directive forbids audiovisual advertising for "medicinal products and medical treatment available only on prescription".
The existing prohibitions in the directive are maintained. Where medicinal products are concerned, the prohibition on advertising (apart from OTC products) as set out in Article 88 of the directive on medicinal products for human use is also maintained.
As for sponsorhip of audiovidual programmes, the directive is slightly more relaxed as it allows drugmakers to publish their company name or logo. However, the lawmakers insist that pharma companies may not use sponsorship to promote medicinal products available on prescription.
In Europe, several pharma companies have tried to advertise their products on the sly through product placement. Where product placement is allowed, a warning message will be given both before and after the programme, as well as after any commercial breaks. However, the rule does not apply where the programme has not been produced by the broadcasting company involved.
Hence, the heroes and heroines of films and serials made in the US and sold to European broadcasting companies will be able to continue naming, describing or showing products without breaking the law.